Operation NickleIndictment Plea: Not GuiltySentenced Death 12.11.1971

In the General Division of the High Court of Rhodesia, Edgar Anthony Tweedie Smith, Esquire, Attorney-General of Rhodesia, who prosecutes for and on behalf of the State, presents and gives the Court to be informed:

That VOIL NDHLOVU and PETER MOYO (hereinafter called the accused), are, both and each or one or other of them guilty of the crimes of Murder, Contravening subparagraph (i) of paragraph (b) of subsection (1) of section 37 of the Law and Order (Maintenance) Act [Chapter 391 and Contravening subsection (1) of section 36 of the Law and Order (Maintenance) Act [Chapter 39]. or one or more of the said crimes.

Firstly:-
In that upon or about the 22nd August, 1967, and at or near Siwuwo Pools Tjolotjo Tribal Trust Lands, in the Province of Matabeleland in Rhodesia, the accused, did, both and each or one or other of them, wrongfully, unlawfully and maliciously kill and murder Company Sergeant Major Timitiya, in his lifetime a member of the Rhodesian African Rifles; and thus the accused did, both and each or one or other of them, commit the crime of Murder.

Secondly:-
As also, in that upon or about the 22nd August, 1967, and at or near Siwuwo Pools, Tjolotjo Tribal Trust Lands in the Province of Matabeleland aforesaid, the accused, did, both and each or one or other of them, wrongfully, unlawfully and maliciously kill and murder Lieu-tenant Nicholas John Smith, in his lifetime a member of the Rhodesian African Rifles; and thus the accused did, both and each or one or other of them, commit the crime of Murder.

Thirdly:-
As also, in that upon or about the 23rd August,
1967, and at or near Siwuwo Pools, Tjolotjo Tribal Trust Lands in the
Province of Matabeleland aforesaid, the accused did, both and each or
one or other of them, wrongfully, unlawfully and maliciously kill and
murder Patrol Officer Spencer Thomas Morgan Thomas, in his lifetime a
member of the British South Africa Police; and thus the accused did,
both and each or one or other of them, commit the crime of Murder.

Fourthly:-
As also, in that upon or about the 23rd August,
1967, and at or near Siwuwo Pools, Tjolotjo Tribal Trust Lands in the
Province of Matabeleland aforesaid, the accused did, both and each or
one or other of them, wrongfully, unlawfully and maliciously kill and
murder Lance Corporal Cosmos, in his lifetime a member of the Rhodesian
African Rifles; and thus the accused did, both and each or one or other
of them, commit the crime of Murder.

Fifthly:-
As also, in that upon or about the 23rd August, 1967, and at or near Siwuwo Pools, Tjolotjo Tribal Trust Lands in the
Province of Matabeleland aforesaid, the accused did, both and each or
one or other of them, wrongfully, unlawfully and without lawful excuse,
by the use of explosives, that is to say, hand grenades, cause or
attempt to cause injury to any persons, that is to say, did cause or
attempt to cause injury to Second Lieutenant William Rodney Winnall,
Sergeant Major Obert, Sergeant Major Kisi, Private Jonas, Private
Vandarayi, Private Swondo and Lance Corporal Tichargwa, all members of
the Rhodesian African Rifles; and Patrol Officer Guy Horn, a member of
the British South Africa Police; and thus the accused did, both and
each or one or other of them, commit the crime of Contravening
subparagraph (i) of paragraph (b) of subsection 11) of section 37 of
the Law and Order (Maintenance) Act [Chapter 391.

Sixthly:-
As also, in that during the period from the 1st
August, 1967, to the 31st August, 1967, and at or near Wankie in the
Province of Matabeleland aforesaid, the accused did, both and each or
one or other of them, have in their possession offensive weapons and
offensive materials, that is to say the accused did have in their
possession six thousand two hundred and forty-three rounds of
ammunition, twelve blocks of TNT explosive, two pounds of plastic
explosive, nine SKS rifles, four AK rifles, two PPSH submachine guns,
one RPD light machine gun, one machine pistol, one Tokarev pistol, six
grenade primers, one rocket launcher, two rockets and thirteen hand
grenades; the said rockets and the said grenades being devices for the
purposes of the definition of "bomb" as defined in subsection (1) of
section 36 of the Law and Order (Maintenance) Act [Chapter 391; and
thus the accused did, both and each or one or other of them, commit the
crime of Contravening subsection (1) of section 36 of the Law and Order
(Maintenance). Act [Chapter 391.

Wherefore upon due proof and conviction thereof the said Attorney-General prays the judgment of the Court against the said VOIL NDHLOVU and the said PETER MOYO according to law.